Abstract/Summary

This is the third in a series of three linked articles examining the operation of dispensing powers in other common law jurisdictions. In the previous articles (published in Private Client Business Issue 6 of 2018 and Issue 1 of 2019) the different legislative provisions in Australia, New Zealand, the United States (under the Uniform Probate Code) and South Africa were set out, the type of testamentary intention that they required was analysed, and the type of evidence that would prove that intention existed in relation to an informal document was discussed. This final article will consider two final questions that were posed in the first article, namely what standard of proof is required, and when must the testator have held the requisite testamentary intent?